Crime news: further extension of fee rises to cover more cases
Fee increases claimable by litigators and advocates now apply to a greater number of criminal cases.
Crime fee increases introduced from 30 September 2022 will now apply to almost all existing Crown Court cases as well as new cases.
Fee increases applied automatically
Increases for litigators and advocates will automatically be applied to ongoing cases where the following both apply:
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LGFS cases with a representation order dated between 1 April 2016 and 16 September 2020 with a main hearing on or after 23 December 2022
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AGFS cases with a representation order dated between 31 December 2018 and 16 September 2020 with a main hearing on or after 23 December 2022
The increases will apply only to the graduated fee elements which were in place under the fee schemes governing the above cases. They will not include the CLAR accelerated measures which were introduced in September 2020.
Processing new fee claims
These changes will put more pressure on our operational processes in the short-term. We are recruiting additional staff to deal with the extra work that will be generated.
Why is this happening now?
The increases to existing cases follow the agreement between the Ministry of Justice (MOJ) and the Criminal Bar Association (CBA) in response to the Bar’s strike action. Members of the CBA have accepted the government’s proposals and have returned to work.
The fee increases introduced on 30 September reflected the government’s interim response to recommendations by Sir Christopher Bellamy following the Independent Review of Criminal Legal Aid.
Where can I find out more?
Details of the these changes, including revised fees and hourly rates, are set out in the relevant criminal legal aid regulations – see below.
In addition to the updated regulations, you can view revised Crown Court guidance on GOV.UK. There is also a table of fee claim scenarios.
Further information
Crown Court fee guidance – includes table of fee claim scenarios
Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 – for changes extending the increase to a greater number of current cases.
Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 – for revised fees and hourly rates